Thank you for the additional information. You have every legal right to fight this and take the case to trial. The burden is on the State to prove the charge against you beyond a reasonable doubt. The two year old will likely not be able to testify, so the evidence the State has and will use will likely be that of the testimony
of the "victim". At the same time, you have a legal right to testify on your own behalf and to let the jury decide who to believe. If this is a case of your word against hers, there may not be enough evidence for the jury to believe the State has met their burden. Eligible defendants can avoid adjudication
(a criminal conviction) and sentencing by satisfying the requirements of a deferred prosecution agreement contract
with the D.A.’s Office. In return for successful completion of the deferred prosecution contract, the DA’s Office agrees to dismiss or amend the charges. If the defendant fails to meet the terms of the contract, the contract will be terminated and the case returned to court for the entry of adjudication and the imposition of sentence or prosecution.
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